Case Study

Case summary

Incident

One morning, Max was training for a cycling competition on a national road when suddenly and without warning, the front wheel of his bicycle lost traction on an oil spill. Max lost control of the bicycle and was thrown onto the ground, landing on the left side of his body.

His helmet was damaged by the force of the impact, leaving Max dazed and confused. He was able to move his bicycle off the road, where he waited for his friend to arrive. Max and his friend noticed that the oil spill had come from a tractor parked further up the road, which had a trail of oil coming out of it.

Max was brought to hospital by ambulance. He felt tenderness and pain in his left shoulder, right thumb and had swelling over his left elbow. Max was diagnosed with multiple soft tissue injuries and skin abrasions. X-rays also revealed that a surgical plate that had been placed for treatment of a previous collarbone injury was bent out of shape. There were no other bone injuries.

This accident had a significant impact on Max’s lifestyle. He underwent multiple physiotherapy sessions and has not yet returned to his previous level of cycling. He continues to experience discomfort in his left shoulder and right thumb, particularly when cycling or when those areas are placed under strain during everyday activities.

Every road user has a responsibility to ensure the safety of others on the road. On the day of the accident, the owner of the tractor failed to maintain their vehicle in a roadworthy condition. This resulted in a substantial oil spill, creating a serious hazard for other road users. As a direct consequence of this negligence, Max suffered not only physical injuries but also financial hardship.

Case progression

The Injuries Resolution Board assessed the injury at €11,429.99. Solicitor Elaine Hickey reviewed the Injuries Resolution Board assessment and felt that it did not properly compensate Max for the injuries incurred. Elaine instead instigated Court proceedings, and the case was brought to a successful conclusion.

Case settlement

The case was settled on the 4^th of November 2024 for the sum of €22,365.49. This was a great result for our client and we are proud of all the work put in by Elaine Hickey and her team to achieve this outcome.

 *Note: Client name changed for GDPR reasons.

Information updated July 2026

Frequently Asked Questions

1. How do I make a car accident claim?

   Following a car crash or other road traffic accident, your first port of call is to check to see if you, any passengers and anybody else involved in the accident need medical attention and to call an ambulance, where necessary, to ensure that medical attention is gotten as soon as possible.

   It is important that, if you have suffered a personal injury that you book an appointment with your doctor as soon as possible after the road traffic accident, even if you are involved in a minor road traffic accident, regardless of how minor you think the injuries are, in some cases these minor injuries can develop into a more serious threat to your health. In worst case scenarios, fatal road accidents can occur.

2. What information will my solicitor need to make a claim?

   In order for your solicitor to proceed with a personal injury claim for you they will need the following information:

   • Details of the person who caused the accident.
   • Names, addresses and contact information of any witnesses to the accident.
   • Where available, photographs of the location of the accident, paying particular attention to the item or area where the accident happened.
   • Name of Gardaí/police and station where the accident was reported – names of any Gardaí who attended the scene of the accident (where applicable).
   • Medical records detailing any injuries/treatment following the accident.
   • Details of any costs incurred following the accident (keep your receipts).
   • Details of any loss of earnings and details of any future loss of earnings if you are to be out of work for a long period of time.
   • Cost of medical treatment – details of future medical treatment needed.

3. How to calculate the value of my claim?

   The Injuries Board Book of Quantum provides us with general guidelines as to how much compensation may be awarded in a personal injury claim and is used by the Injuries Board when they are assessing a personal injury claim. This book was compiled by examining sample cases from over 51,000 closed personal injury cases from 2013 and 2014 and is based on actual court figures. It shows us what personal injury compensation amounts were awarded in the past and help give an estimate as to how much compensation could be awarded based on a person’s specific injuries.